Corruption and its effects in international arbitration, with focus on Romania
Corruption and its effects in international arbitration, with focus on Romania

Summary/Abstract: This article tackles the issue of corruption in international arbitration, starting with the effects this phenomenon has on the arbitrability of disputes where corruption is alleged and explores whether there is an inherent duty of arbitrators to analyse such issues, if they have the right to do so of their own accord and what are the actual tools at their disposal for this purpose. In close connection with this issue, the paper also looks at the issue of proving the existence of corruption in complex cases, as well as the sensitive topic of the adequate standard of proof. While permanently keeping Romanian law in mind, the article also briefly discusses the famous EDF v. Romania ICSID case and the law principles deriving from the tribunal’s ruling in the case, pertaining to admissibility of evidence and state responsibility. As a natural continuation, the main possible consequences of f‍inding corruption are also considered, alongside the general topic of restitution in case of nullity of the contract due to corruption issues. Finally, some general proposals regarding Romanian law on the matter are made, with the view of modernizing the legislation and aligning it to current good practice in the field.

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